CRIMINAL MISC. BAIL APPLICATION No. 36433 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:109115 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36433 of 2024 Applicant :- Sahrukh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. Supplementary affidavit filed today is taken on record. This is second bail application of the applicant. The first bail application of the applicant was rejected on 16.09.2022 by this court. Counsel for the applicant submits that only four prosecution witnesses have been examined out of 18. The applicant is in jail since 05.06.2018 and has no criminal history to his credit. Trial will take time to conclude. On the other hand learned A.G.A has opposed the prayer for bail. Regarding long incarceration of under trials prisoners in jail due to delay in conclusion of trial, the Hon'ble Apex Court in re: Union of India vs. K.A. Najeeb reported in AIR 2021 Supreme Court 712 has held in Para 16 of the judgment being reproduced herein below as follows :- "This Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution